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State of West Bengal - Section

Section 58 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India

58. Procedure for initiation of proceedings by way of letter addressed to the Hon'ble the Chief Justice.

(a)All letters addressed to the Hon'ble the Chief Justice as provided in the proviso to Rule 57(a) of these rules shall be considered by the Hon'ble the Chief Justice in chamber and listed for consideration if the Hon'ble the Chief Justice so directs.
(b)In the event the Hon'ble the Chief Justice is of the considered view that the subject matter of the letter does Not constitute public interest litigation as defined in this Chapter or that the sender of the letter is Not sufficiently disabled to present a Formal petition in terms of Rule 57(a) of these rules, an intimation shall be sent by the Registry to the sender of the letter whereupon the sender of the letter shall be entitled to present a Formal petition before the Court.
(c)Once the contents of a letter are treated as constituting ground for initiation of a public interest litigation, it shall be registered like any other writ petition by giving a number and then listed before the Division Bench vested with determination to take up Public Interest Litigation for necessary orders being passed thereon.
(d)The sender of the letter upon registration thereof as a regular writ petition shall Not be entitled to engage a member of the Bar of his choice in support of his claim but may withdraw the petition and present a Formal petition in terms of Rule 57(a) of these Rules.